Moving with kids can require court OK
WHAT'S THE LAW?
Legal Aid Society
Question: I am considering a move to the mainland and, of course, plan on taking my kids. Even though I have sole custody, my husband says I cannot "just pick up and move with them" without his OK. Is that so?
Answer: According to Nicole Forelli, Legal Aid-Maui's managing attorney, it is a common misunderstanding among parents that have sole legal and/or sole physical custody of their kids that they can "just pick up and move with them." In actuality, if the other parent is not in agreement and has visitation rights, the parent who wants to move needs a court order allowing him or her to relocate.
Q: I want to file for divorce and am hopeful that it will be over as soon as possible. How long will it take for me to get my divorce?
A: According to Heather Brown, staff attorney for Legal Aid-Maui, it depends on whether you and your spouse agree on all of the issues. If you and your spouse agree, and you bring the papers to court and serve them on your spouse in a timely manner, it can take as little as two months to finalize your divorce. However, if you and your spouse do not agree, or if you are unable to locate your spouse to serve the papers, it can take longer. A contested divorce can take up to one or two years.
Q: Can I still get child support if the other parent is unemployed and/or incarcerated and/or disabled?
A: According to Brown, yes. None of these issues will stop child support from being established or awarded, but it could affect how much you actually collect. With that being said, however, the Child Support Enforcement Agency has a number of enforcement measures to collect past due child support, such as suspending driver's licenses, intercepting tax returns and garnishing money that goes into the other parent's bank account (but keep in mind that some types of income are protected under federal law and cannot be garnished).